Foreclosure Defense Florida

Foreclosure Defendants ARE NOT OUTLAWS!

ORATAI CULHANE, Plaintiff,
v.
AURORA LOAN SERVICES OF NEBRASKA, Defendant.
Civil Action No. 11-11098-WGY.
United States District Court, D. Massachusetts.
November 28, 2011.

It is clear beyond peradventure that Culhane is substantially behind in paying her mortgage and appears unable to remediate her default. This, however, does not render her an outlaw, subject to having her home seized by whatever bank or loan servicer may first lay claim to it. She still has legal rights. Everything that follows attempts to sort out these competing claims.

6 Comments

  • phil says:

    This however will not stop NationStar et al from doing the same thing. They will not learn unless one of the Banksters goes to prison. That will never happen as they are “above the law”.

  • Elise says:

    Do you have a link for this case?
    By the way, great coverage, as always.
    Thank you!!!

  • Attorney Wendy Alison Nora says:

    https://dockets.justia.com/docket/massachusetts/madce/1:2011cv11098/137480/
    Click on the gavel icon.
    It appears that this case may have been appealed to the US Court of Appeals for the First Circuit, although the time between Judge Young’s decision and the commencement of the appeal by virtue of the case number seems to have been too long. (Appeals are to be undertaken within 30 days, so I suspect their was a request for reconsideration.)
    The best way to find federal court cases is to enroll in the PACER system. I did not check the status of the case in which the decision was made on November 28, 2011 or the status of the appeal.
    Most of the federal appellate courts case documents are not available on PACER, to the best of my most recent knowledge. Only the appellate decisions and some appellate orders are available at this time on PACER, as far as I know.

  • Attorney Wendy Alison Nora says:

    OOPS: “. . . unless THERE was a request for reconsideration.”

  • Attorney Wendy Alison Nora says:

    The homeowner lost in this case, after a searching inquiry by the district judge into MERS practices. The judge also found that it made no difference if the collateral was transferred to the trust for which Aurora claimed to be the servicer. I am going to download the case and search for the language that the homeowner is not an outlaw as reported on this blog. I did not see it in my first review of the Judge Young’s decision, but it may be in the extensive footnotes.

  • Attorney Wendy Alison Nora says:

    The language that the “homeowner is not an outlaw, subject to having her home seized by whatever bank or loan servicer may first lay claim to it” is on page 12 in the first paragraph of III. Analysis.

Leave a Reply